Criminal Court of the City of New York, 1823

People v. Winters

Criminal Court of the City of New York · Decided July 2, 1823 · Walworth

2 Park. Cr. 10

Counsel

C. Nichols, for the prisoner,, J. Palmer, (District Attorney,) for the people.

Opinion of the Court

Walworth, Circuit Judge,

said a husband has no right to beat his wife or to inflict punishment upon her. But he may defend himself against her, and may restrain her from acts of violence towards himself or towards others, for he is accountable for her acts which injure others.

The jury being satisfied by other testimony that the prisoner .had done nothing more than was necessary to defend himself sin this case, rendered a verdict of not guilty

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